10 ADVICE A guide to Japanese Knotweed Japanese knotweed is an invasive plant species that causes issues with land and buildings and injurious weeds such as certain ragworts, thistles, and types of dock are strictly controlled. Since it has no natural predator in the UK Japanese knotweed has caused particular problems and causes significant damage to property. Spring Summer Winter It is an invasive non-native weed, found mainly in urban areas, where it is considered a nuisance in property development, because plants regrowing from rhizomes can come up through gaps in flooring in conservatories and patios. Sometimes it is found established on the edges of arable fields, and other places where garden waste or topsoil has been dumped. It is not a criminal offence to have the plant growing on your land. However, under the Wildlife & Countryside Act 1981 it is an offence to plant or ‘cause to grow’ certain plants, including Japanese Knotweed. Negligent or reckless behaviour (such as inappropriate disposal of garden waste) that results in an invasive species becoming established in the wild would also constitute an offence. Such offences carry fines and/or imprisonment but a defence would be that you have made efforts to prevent the spread of the same. The owner of land affected by knotweed will be liable to his neighbours in common law if it spreads onto their land. Buildings insurance does not usually cover knotweed damage. It was introduced to gardens as an ornamental ‘architectural’ plant in the 1800’s and it is still grows widely in larger gardens and parks. Plants and fragments of root, if discarded, can become established in the wild, particularly along riverbanks, roads and railways, where spores are easily dispersed. Japanese knotweed can grow up to 10cm a day between the months of April and October and the roots can extend to a depth of three metres and up to seven metres laterally. If even a small piece of root or stem is left in the ground, it can reinfest the land. Its vigorous roots and top growth penetrate foundations, concrete hardstanding and walls, causing considerable damage. The costs of knotweed removal and treatment are substantial. The government has estimated the costs of eradicating Japanese knotweed from all of the UK at £2.6 billion. Eradicating it from construction sites can cost well over £1,000 per square metre and, as a controlled waste, it can be expensive to dispose of the ‘contaminated’ topsoil. There is rarely a quick fix, and most treatments involve a combination of removal, barriers, plus a long term herbicide treatment management plan. Unless the ground is treated for many years, the plant can re-appear, as the roots and rhizomes are very resistant to treatment. The Invasive Non-Native Specialists Association (‘INNSA’) (www.insa.org) can provide further information on knotweed treatment options, and details of a suitable specialist in your area. However, unless you use an experienced contractor with a proper warranty, insurance and have a long-term remediation strategy carried out under a recognised Code of Practice, your knotweed treatment can leave you just as much at risk as when you first spot the distinctive leaves. How does this affect the sale of my property? The standard <strong>Property</strong> Information Form completed by a seller asks whether the property is affected by Japanese knotweed and sellers will be liable to a buyer for misrepresentation if they say there is no knotweed when they know that there is. You may not be able to sell an affected property if a buyer cannot get a mortgage on it as a result of contamination by an invasive species. The Council of Mortgage Lenders (CML) has stated that mortgage lenders will expect the presence of knotweed to be noted on a residential valuation report. Lenders determine their own individual policies on this issue. If knotweed is present, it is usually one of a number of factors the lender will consider, and the level of severity may be a factor. If mortgage lenders agree to lend on an affected property, they will normally require evidence of treatment that will eradicate the plant as a condition of lending. They may also require an insurance-backed guarantee. If there is any question over the presence of an invasive species on the property, then a survey should be carried out by a suitably experienced residential surveyor and/or a specialist invasive species consultant. Dobbs & Drew <strong>Property</strong> Lawyers Opening hours Monday to Friday 9am to 5pm, Saturday 10am to 1pm Thinking of Moving House? mortgages, life insurance and finance specialists Sell your Current home for £599 inclusive Buy your New home for £899 plus Stamp Duty & Land Registry fee Sell & Buy together for £1399 plus Stamp Duty & Land Registry fee 4 Re Mortgage 4 Overseas Mortgages 4 Buy To Let Mortgage 4 Let To Buy 4 Help To Buy 4 Equity Release 4 Protection 4 Asset Finance 4 No broker fees Call us Today: 01594 562239 sue.drew@dobbsanddrew.co.uk lisa.dobbs@dobbsanddrew.co.uk Blue Rock House, Blue Rock Crescent, Bream, Glos, GL15 6LW www.dobbsanddrew.co.uk Professional Impartial Confidential Top Floor, The Market Tavern, 26 Agincourt Square, Monmouth NP25 3BT E: blestium@hotmail.com Tel: 01600 775393 www.blestium.com
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